Challenging a Disputes Tribunal decision
Rehearings by the Disputes Tribunal
What are the grounds for a rehearing?
Usually, the tribunal will only grant a rehearing of the dispute if one party can show that not all the relevant information was available, or that a mistake was made, or that something else went wrong that prevented a proper decision from being made. For example, a person might apply for a rehearing if:
- that person (or his or her witness) was unexpectedly unable to attend the hearing for a valid reason, or
- the referee made a material error in stating the amount of money a party had to pay as compensation (for example, incorrectly added up losses), or
- after a hearing at which the referee approved an agreement between the parties, either party discovers facts:
- that are directly relevant to the dispute, and
- that could not have been obtained before the hearing, and
- that would have had a bearing on whether the party would have agreed to the settlement.
A rehearing will not be granted just because one party disagrees with the decision.
Who hears a rehearing?
The same referee who heard the original case will consider the application and decide whether to grant a rehearing.
However, if a rehearing is granted, it will be conducted by a new referee.
What does a rehearing cost?
There is no fee for applying for a rehearing.
What is the time limit for applying for a rehearing?
Either party has 20 working days after the original decision to apply for a rehearing.